CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 41 Working out parent's child support income

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 41

Single child support case--no relevant dependent children

  (1)   If:

  (a)   a parent is to be assessed in respect of the costs of a child in only one child support case; and

  (b)   the parent does not have a relevant dependent child;

the parent's child support income for the child for a day in a child support period is the amount worked out using the formula:

Single child support case--relevant dependent children

  (2)   If:

  (a)   a parent is to be assessed in respect of the costs of a child (the particular child ) in only one child support case; and

  (b)   the parent has at least one relevant dependent child;

the parent's child support income for the particular child for a day in a child support period is the amount worked out using the formula:

Multiple child support cases--no relevant dependent children

  (3)   If:

  (a)   a parent is to be assessed in respect of the costs of a child (the particular child ); and

  (b)   the parent is also to be assessed in respect of the costs of another child in another child support case; and

  (c)   the parent does not have a relevant dependent child;

the parent's child support income for the particular child for a day in a child support period is the amount worked out using the formula:

Multiple child support cases--relevant dependent children

  (4)   If:

  (a)   a parent is to be assessed in respect of the costs of a child (the particular child ); and

  (b)   the parent is also to be assessed in respect of the costs of another child in another child support case; and

  (c)   the parent has at least one relevant dependent child;

the parent's child support income for the particular child for a day in a child support period is the amount worked out using the formula:

Negative result taken to be nil

  (5)   A parent's child support income for a day in a child support period is taken to be nil if the amount worked out using a formula in this section is negative.

Administrative assessments under laws of reciprocating jurisdictions

  (6)   Subsection   (1) or (2) does not apply if the parent is liable to pay child support for a child under an administrative assessment under the law of a reciprocating jurisdiction.

  (7)   For the purposes of paragraphs   (3)(b) and (4)(b), a parent is taken to be assessed in respect of the costs of another child in another child support case if the parent is liable to pay child support for that child under an administrative assessment under the law of a reciprocating jurisdiction.